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Fedaykin wrote:

Keith B wrote: Bottom line, I have carried numerous times on Plano school grounds, and will continue to do so if I not prohibited by the other statutes that limit me from doing so. If you are carrying properly, then they should not even know and there will be no problem.

I've heard this argument multiple times. If you're concealed... etc. What you're failing to consider is if you get into a fender bending in the car pool line in the school parking lot and the LEO thats directing traffic walks over to get ID's and insurance because the other driver is making a stink you're in hot water. Plano is going to send you to jail. Properly concealed or not. If you're good with that, awesome for the rest of us. I look forward to someone beating the rap and getting the signs removed. I only wish you didn't have to take the ride.

jimlongley wrote:PISD's response, when contacted about this exact issue several years ago, was that: They are not a governmental body, they are an "Independant" school district, and that school property is private property, and the posting is valid, and they will arrest and prosecute.

denwego wrote:Don't forget what exactly §30.06(e) says:

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

While government property is normally entirely exempted from §30.06, the fact that school premises are prohibited under §46.03 means that in addition to a potential felony charge, you could be facing a Class A misdemeanor charge as well, increased to a state-jail-felony under §46.11. You may argue "premises" don't include a parking lot, which I would incline to agree, but that's a dearth of potential felonies to risk.

Fedaykin wrote:

rtschl wrote:Fedaykin,

You need to read the statute in it's entirety. Notice subsection i of 46.035:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.

So Church, hosptials, amusement parks have to post a valid 30.06 notice to stop CHL from carrying.

Ron

Yes!! Thank you! Sorry, I kept getting stuck on the stupid verbiage in the statute and forgot about the thing at the end. I remember them explaining this in the class how instead of changing the text of the law they just write more text at the bottom to change the meaning.

Okay Amusement parks, churches. I'm convinced. ...Please keep the Fedaykin bashing to minimum. I've been set straight.

However, I'm not convinced about the school. Mr. Plano cop on the phone consulted with the School district cop standing next to him and said they way the city of Plano interprets the law is that the School grounds are only semi-government (whatever that means) and just like they can kick you off the ground for criminal trespass if you're causing a ruckus, they can post their parking lots and keep CHL's out.

rtschl wrote:Fedaykin,

You need to read the statute in it's entirety. Notice subsection i of 46.035:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.

So Church, hosptials, amusement parks have to post a valid 30.06 notice to stop CHL from carrying.

Ron

Fedaykin wrote:I have called every level of authority I can think of about this starting with my CHL Instructor. Everyone I've talked to, including Sherrifs, Police Officers, Austin Admin etc. (I even called the Texas Rangers) they all give me the exact same answer.

They don't know.

I even had the local police tell me "If it's concealed, who's gonna know?". I said well what happens if you get into a fender bender in the parking lot and the police show up. Now you're a felon! He said "yeah... that wouldn't be good".

Question 1: Can a public school (which I believe is a government entity) post the parking lot with a 30.06 sign? Well... they already have, but is it legal for them to do so? This effectively prevents a carrying CHL holder from entering the car pool line.

30.06 does not apply to property owned or leased by the government. So if the school is on government property, it does not apply and you may carry outside the buildings.

Question 2: The Texas Penal code defines 'premises' as a building or part of a building and even goes on to specifically state that it DOES NOT include a parking lot, public or private drive etc. So how does Grape Vine mills or any other business pull off posting 30.06 in their parking lot?

That definition of "premises" only applies to 46.03 and 46.035. In general, private property owners can prohibit you from any part of their property.

Question 3: Where is the current Texas Penal code? Every copy I find says you can't carry in a church and I see all of you are carrying in a church.

Churches are off-limits only if 30.06 notice is provided.

I am perplexed at the level of non-knowingness I have experience on these two issues. I humbly await a proper education.